Case Study : Case Analysis And Report

1560 Words Apr 25th, 2016 7 Pages
LAW1114 Assignment: Case Analysis and Report
By Shannon Chan
Student Number: 27839567

SECTION 1: Case note
Citation: R v Abdul-Rasool [2008] VSCA 13

In 2008, the applicant Rajee Abdul-Rasool appealed on a conviction of reckless conduct endangering life. The offence occurred on Monday 05/08/2002, where the applicant engaged in an altercation with the deputy principal regarding her daughter’s whereabouts, the applicant proceeded to pour petrol over herself, with some splashing onto the deputy principal and the interpreter.

The case was heard in the Court of Appeal of the Supreme Court of Victoria, the justices present were Chernov JA, Redlich JJA, and King AJA. The ratio was determined by Redlich JJA and was unanimously agreed to by the other judges. Redlich’s ratio was that the applicant was not criminally liable to the acts causing an appreciable risk of death, that the accused was yet to commit. There are several reasons that lead to Redlich’s ratio, firstly the accused acted voluntarily, and secondly the accused’s distressed state at the time made it difficult to prove whether she intended to endanger others lives with her actions, as both objective and subjective reasons for this are conflicting.

The element of voluntariness served to reinforce the lack of the applicant’s criminal liability, as the willed act or omission was insufficient to determine whether the accused endangered the life of others, as it was inconsistent with the mens rea. Although the accused…

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